What led to the our current legislation on rights for those with Disabilities:
This is Richard Harrow, WWI vet and character in the HBO show “Boardwalk Empire.”
The presence of so many injured vets who now had both mental and physical disabilities. This led to big advancements in medical prosthetics, and a push for national programs to help those with disabilities, and not just veterans.
Brown vs. Board of Education of Topeka
Many now began to think of separate education for those with disabilities as also being inherently unequal.
Outrage Over Living Conditions in Institutions Like Willowbrook:
"Today, the IDEA is considered responsible for providing special education opportunities to more than 6.5 million children and 200,000 infants, toddlers, and families each year."
Is a federal statute whose purpose is to ensure a free and appropriate education services for children with disabilities who fall within one of the specific disability categories as defined by the law.
Is a broad civil rights law which protects the rights of individuals with disabilities in any agency, school or institution receiving federal funds to provide persons with disabilities to the greatest extent possible, an opportunity to fully participate with their peers.
Who Is Protected
Covers eligible students ages 3–21 whose disability adversely affects the child's educational performance and/or ability to benefit from general education.
Covers all persons with a disability from discrimination in educational settings based solely on their disability.
Section 504 defines a person with a disability as:
Having a physical or mental impairment which limits one or more major life activity;
Have a record of such an impairment; or
Are regarded as having an impairment.
Services
Provides individual supplemental educational services and supports in addition to what is provided to students in the general curriculum to ensure that the child has access to and benefits from the general curriculum. This is provided free of charge to the parent.
Requires schools to eliminate barriers that would prevent the student from participating fully in the programs and services offered in the general curriculum.
Requirements for Delivering Services
Requires a written Individualized Education Program (IEP) documentation with specific content addressing the disability directly and specifying educational services to be delivered, mandating transition planning for students 16 and over, as well as a Behavior Intervention Plan (BIP) for any child with a disability that has a behavioral issue.
“Appropriate Education” is defined as a program reasonably calculated to provide “educational benefit” to the student. Related services are provided as required for the student to benefit from the educational process and are aligned with specially designed instruction (e.g., counseling, speech, transportation, occupational and physical therapy, etc.)
Does not require a written IEP but does require a documented plan. “Appropriate Education” means comparable to the one provided to general education students.
Section 504 requires that reasonable accommodations be made for the child with a disability. Requires the school to provide reasonable accommodations, supports and auxiliary aides to allow the child to participate in the general curriculum.
Funding
Provides additional funding to states for eligible students
Does not provide additional funds.
Additionally, IDEA funds may not be used to serve children found eligible under section 504 only.
Evaluation Procedures
A full Multi-Factored Evaluation (MFE) is required, using a variety of assessment tools and strategies to gather relevant functional and developmental information, including information provided by the parent that may assist the team in determining whether the child has a disability and how it affects the child's educational program.
Multiple assessment tools must be used to assess the child in all areas of the suspected disability.
Written consent is necessary by parent or guardian before an initial evaluation is conducted
Requires a reevaluation every three years by IEP team to determine if services are still needed to address student disability unless the parent and other members of the IEP team agree it is not necessary.
Reevaluation is not required before a change of placement.
Evaluation draws on information from a variety of sources in the area of concern. A group decision is made with persons knowledgeable about the student, evaluation data, and available educational placement options. Written consent is not necessary before completing an evaluation; however, notice must be provided to parent or guardian.
Requires yearly reevaluations or periodic review.
Independent Evaluation
Allows parents to request an Independent Educational Evaluation (IEE) at the school district’s expense if parent/guardian disagrees with the evaluation obtained by the school district. The Independent Evaluator must meet the same criteria as the district requires for their employees and must be approved by all parties.
Does not allow independent evaluations at the district’s expense or the ability to request an independent educational evaluation.
Procedural Safeguards
Requires written notice to parent/guardian prior to identification, evaluation and/or placement of child.
Changes of services or placement must have written notice before any change can take place. Requires due process rights to be followed at all times and manifestation determination hearing for discipline procedures.
For any child with behavioral concerns a Functional Behavior Assessment (FBA) must be completed and a Behavior Intervention Plan (BIP) written to assist student in learning appropriate behaviors and providing supports to enable student to be successful in their learning community.
Does not require written notice.
Requires notice before a “significant change” in placement—requires due process rights if referred for formal evaluation under IDEA, and the team determines not to evaluate.
Placement Decisions
Requires district and schools to use information from a variety of sources. Consider all documented information and use a team approach to make eligibility decisions. Team members are identified under IDEA and must be knowledgeable about the child, evaluation data, and the continuum of placements and services available.
Requires that student receives a free and appropriate education with his/her non-disabled peers in the least restricted environment.
IEP meeting is required before any change in placement or services is made. Students are eligible for a full continuum of placement options including regular education with related services as needed.
Requires district and schools to use information from a variety of sources. Consider all documented information. Use a team approach to make eligibility decisions, with team members being knowledgeable about the child, evaluation data, and the continuum of placements and services available.
The student must receive a free and appropriate education with his/her non-disabled peers.
Meeting is not required for a change of placement. Students are served in general education with or without modification. Possible accommodations under a 504 plan could be:
Structured learning environment
Repeated or simplified instructions
Behavior management or intervention strategies
Modified testing procedures-small group; oral testing; extended time; test read to student.
Tape recorders, spell checkers, calculators, computers, word processor, etc.
Modified or adjusted homework, workbooks, second set of textbooks.
Textbooks on tape
etc. (many accommodations and modifications used on an IEP can be included in a 504 accommodation plan)
Due Process
Requires district to provide resolution sessions and due process hearings for parents/guardians who disagree with identification, evaluation, implementation of IEP or students Least Restricted Environment (LRE) placement.
Requires districts to provide a grievance procedure for parents, and students who disagree with identification, evaluation, implementation of IEP or students Least Restricted Environment (LRE) placement. A grievance procedure must be provided to parents and employees to follow and a 504 coordinator identified in the district to assist individuals as needed.
Due process hearing not required before Office of Civil Rights (OCR) involvement or court action unless student is also covered by IDEA.
"We're qualifying fewer kids with specific disabilities, most often reading, because we're teaching it better. But we have more autistic kids and kids with behavioral issues. The numbers are about the same, but the population is different."
Mary Watson, director of the Exceptional Child Division in the North Carolina Department of Education. "Special education is not a place; special education is individualized instruction with supports and services."
"Students with disabilities, when held to high standards, demonstrate that they can achieve," she says. "Is that enough? No. We're not satisfied. We must have an accountability system that demands high standards."
"maintenance of effort" requirements under IDEA—which mean districts can't spend less this year than last year—have prompted them to hold the line on special ed spending. "You can't balance budgets on the backs of special ed kids. You have to at least maintain the same level of funding, regardless of how much overall funding you're getting."
About 900 million dollar cut to special education & programs:
"The cut could adversely affect more than six million students with special needs and could result in layoffs of more than 10,000 special education teachers and other support staff. If Congress does not step in with emergency measures, special education students and schools will feel the effects as early as fall 2013."
Past
What led to the our current legislation on rights for those with Disabilities:
This is Richard Harrow, WWI vet and character in the HBO show “Boardwalk Empire.”The presence of so many injured vets who now had both mental and physical disabilities. This led to big advancements in medical prosthetics, and a push for national programs to help those with disabilities, and not just veterans.
Brown vs. Board of Education of Topeka
Many now began to think of separate education for those with disabilities as also being inherently unequal.
Outrage Over Living Conditions in Institutions Like Willowbrook:
Activists, with and without disabilities themselves, capitalized on these events to push for legislation.
Past, Present, Future
http://education.cu-portland.edu/blog/news/past-present-and-future-of-special-education/
Present
"Today, the IDEA is considered responsible for providing special education opportunities to more than 6.5 million children and 200,000 infants, toddlers, and families each year."
--Retrieved from http://www.learningrx.com/history-of-special-education.htm504 and IDEA Comparison Chart
IDEA
Section 504
Purpose
Who Is Protected
Section 504 defines a person with a disability as:
Services
Requirements for Delivering Services
“Appropriate Education” is defined as a program reasonably calculated to provide “educational benefit” to the student. Related services are provided as required for the student to benefit from the educational process and are aligned with specially designed instruction (e.g., counseling, speech, transportation, occupational and physical therapy, etc.)
Section 504 requires that reasonable accommodations be made for the child with a disability. Requires the school to provide reasonable accommodations, supports and auxiliary aides to allow the child to participate in the general curriculum.
Funding
Additionally, IDEA funds may not be used to serve children found eligible under section 504 only.
Evaluation Procedures
Multiple assessment tools must be used to assess the child in all areas of the suspected disability.
Written consent is necessary by parent or guardian before an initial evaluation is conducted
Requires a reevaluation every three years by IEP team to determine if services are still needed to address student disability unless the parent and other members of the IEP team agree it is not necessary.
Reevaluation is not required before a change of placement.
Requires yearly reevaluations or periodic review.
Independent Evaluation
Procedural Safeguards
Changes of services or placement must have written notice before any change can take place. Requires due process rights to be followed at all times and manifestation determination hearing for discipline procedures.
For any child with behavioral concerns a Functional Behavior Assessment (FBA) must be completed and a Behavior Intervention Plan (BIP) written to assist student in learning appropriate behaviors and providing supports to enable student to be successful in their learning community.
Requires notice before a “significant change” in placement—requires due process rights if referred for formal evaluation under IDEA, and the team determines not to evaluate.
Placement Decisions
Requires that student receives a free and appropriate education with his/her non-disabled peers in the least restricted environment.
IEP meeting is required before any change in placement or services is made. Students are eligible for a full continuum of placement options including regular education with related services as needed.
The student must receive a free and appropriate education with his/her non-disabled peers.
Meeting is not required for a change of placement. Students are served in general education with or without modification. Possible accommodations under a 504 plan could be:
Due Process
Due process hearing not required before Office of Civil Rights (OCR) involvement or court action unless student is also covered by IDEA.
Compensatory damages possible.
Future
- "We're qualifying fewer kids with specific disabilities, most often reading, because we're teaching it better. But we have more autistic kids and kids with behavioral issues. The numbers are about the same, but the population is different."
- Mary Watson, director of the Exceptional Child Division in the North Carolina Department of Education. "Special education is not a place; special education is individualized instruction with supports and services."
- "Students with disabilities, when held to high standards, demonstrate that they can achieve," she says. "Is that enough? No. We're not satisfied. We must have an accountability system that demands high standards."
- "maintenance of effort" requirements under IDEA—which mean districts can't spend less this year than last year—have prompted them to hold the line on special ed spending. "You can't balance budgets on the backs of special ed kids. You have to at least maintain the same level of funding, regardless of how much overall funding you're getting."
- About 900 million dollar cut to special education & programs:
"The cut could adversely affect more than six million students with special needs and could result in layoffs of more than 10,000 special education teachers and other support staff. If Congress does not step in with emergency measures, special education students and schools will feel the effects as early as fall 2013."Links
Virtual Education:
http://blog.foxspecialedlaw.com/2011/01/the-virtual-future-of-special-education.html
New Directions:
http://www.districtadministration.com/article/new-directions-special-ed
Past, Present, Future:
http://education.cu-portland.edu/blog/news/past-present-and-future-of-special-education/